Acceptance of the Elementary and Secondary Act (ESEA), Title III Limited English Proficient (LEP) Student Sub-grant Program funds binds the local educational agencies (LEAs) to all of the assurances listed below. The Superintendent or designee of the LEA agrees to these assurances as part of the ESEA, Title III application process.
- The LEA will use ESEA, Title III, Part A, funds according to the ESEA. (20 USC §6811; PL 107-110, §3102).
- ESEA, Title III, Part A, funds shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for EL children and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. (20 USC §6825[g]; PL 107-110, §3115[g]). Visit the U.S. Department of Education, English Language Acquisition State Grants Web site for specific guidance and clarification to states regarding the Title III non-supplanting provisions.
- The consortium lead and member LEAs will develop and submit to the California Department of Education (CDE) an LEA Plan inclusive of all elements required by the State and ESEA, Title III, Part A, Section 3116. (20 USC §6826; PL 107-110, §3116)
- The lead LEA may use no more than 2 percent of the LEP Student Sub-grant for administrative costs and indirect costs. (20 USC §6825[b]; PL 107-110, §3115[b]) Program administrative costs include such items as salaries of project personnel, clerical support, and other costs directly incurred in the administration of the program. The U.S. Department of Education’s 1997 guidance, Indirect Cost Determinations, Guidance for State and Local Government Agencies (referred to as the Blue Book) states that any “statutory or regulatory limitation applies to the combined claims for indirect costs and direct administration costs.” Visit the CDE Title III Frequently Asked Questions Web page.
- The consortium lead and member LEAs will comply with ESEA, Title III, Part C, Section 3302 regarding parent notification, prior to, and throughout, each school year. (20 USC §7012; PL 107-110, §3302)
- The consortium lead and member LEAs will annually assess the English proficiency of all children with limited English proficiency participating in programs funded by ESEA, Title III, Part A. (20 USC §6826 [b][C]); PL 107-110, §3116 [b][C])
- The consortium lead and member LEAs will base their proposed plan under ESEA, Title III, Part A, on scientifically based research on teaching EL children. (20 USC §6825[a]; PL 107-110, §3115[a])
- The consortium lead and member LEAs ensure that the programs will enable EL children served under ESEA, Title III, Part A, to speak, read, write, and comprehend the English language and meet challenging state academic content and student academic achievement standards. (20 USC §3115[a]; PL 107-110, §3115[a])
- Neither the consortium lead nor the member LEAs are in violation of any State law, including State constitutional law, regarding the education of EL children, consistent with ESEA, Title III, Part A, Sections 3126 and 3127. (20 USC §6826[d]; PL 107-110, §3116[d])
- The consortium lead LEA will serve as the grantee of the ESEA, Title III funds. The consortium will plan to obligate* all Title III funds during the school year in which the funds were granted. If all funds are not expended and there is carryover, the money will either be returned to the CDE or the consortium lead LEA will continue to serve as the fiscal agent for the consortium up to 12 additional months, after which time the CDE will bill for any remaining balance.
- By October 1, 2012, the consortium lead LEA, in conjunction with each member LEA in the consortium, will develop a Memorandum of Understanding (MOU), which outlines the services and products funded by ESEA, Title III that will be provided to EL students in each of the participating LEAs during the 2012–13 school year. A sample MOU is available on the CDE Title III–LEP Consortia Details Web page.
- The consortium lead LEA is responsible for ensuring that the Year 2 LEA Improvement Plan Addendum is developed, submitted and implemented expeditiously and inclusive of all elements required by the state and Section 3122 b(2).
- The consortium lead LEA is responsible for ensuring that the Year 4 LEA Action Plan is developed, submitted and implemented expeditiously and inclusive of all elements required by the state and Section 3122 b(4).
- The consortium lead LEA is responsible for ensuring that parents of EL students in each member LEA are notified if Annual Measurable Achievement Objectives are not met. The consortium lead LEA may delegate responsibility to each of the consortium members.
- The consortium lead and member LEAs shall provide ESEA, Title III services to EL students enrolled in private schools following procedures established by the State Superintendent of Public Instruction.
- The LEA shall provide the CDE with an evaluation every second fiscal year addressing all elements under ESEA, Title III, Part A. (20 USC §6841[a]; PL 107-110, §3121[a])
- The consortium lead and member LEAs will follow all statutory and regulatory requirements of Title III, including Year 2 and Year 4 accountability requirements. For more information regarding these accountability requirements, please visit the Title III Accountability Requirement Web page.
*According to the California State Accounting Manual, “Legal obligations are commitments made by an LEA to purchase goods or services immediately or in a future period.” To determine whether a financial commitment should be reported as an obligation, please refer to Title 34, Part 76, Section 707 from the Code of Federal Regulations: Retrieve by CFR Citation Web page .